PRAVIN GANPAT KAKAD Vs. COMMISSIONER OF POLICE, NASHIK

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the order of detention dated 21.08.2020 passed by the respondent No.1 i.e. Commissioner of Police, Nashik City under section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981 (hereinafter referred as "the MPDA Act") whereby petitioner has been detained. The order of detention and the grounds of detention along with relied upon material were served upon the petitioner.

(2.) Although number of grounds have been raised on behalf of the petitioner in the present writ petition, the learned counsel appearing for the petitioner has pressed grounds (c), (h), (i) and (f) in order to challenge the aforesaid detention order. Ground (c) pertains to improper recording of subjective satisfaction about truthfulness of in camera statements. Grounds (h) and (i) pertain to wrong translation of relied upon documents and ground (f) pertains to alleged non-application of mind by the respondent No.1 - detaining authority while issuing the detention order.

(3.) Ms. Jayshree Tripathi, learned counsel appearing for the petitioner specifcally submitted that a perusal of the record would show that the truthfulness of the in camera statements was not properly verifed and recorded that there was no subjective satisfaction of the officers in that regard. It was submitted that this indicated that the in camera statements could not be accepted as authentic and they could not have been utilized for the purpose of issuing the detention order. In support of the said ground, learned counsel for the petitioner has relied upon Lakhan Rohidas Jagtap Vs. Commissioner of Police, Pune & Ors.,2009 AllMR(Cri) 5261, Smt. Vijay Raju Gupta Vs. R. H. Mendonce & Ors. , 2001 AllMR(Cri) 48, Zabin Salim Shaikh Vs. Shri. A. N. Roy , 2006 AllMR(Cri) 3324 and Ashish S/o Robert Felix Vs. Commissioner of Police, Nagpur City, Criminal Writ Petition No.390 of 2014.